CERTIFICATION OF THE CLASS FOR SETTLEMENT PURPOSES ONLY. 3.1 For purposes of settlement, Plaintiff shall ask the Court to certify the Settlement Class under Federal Rules of Civil Procedure 23(b)(2) and (b)(3). 3.2 The Defendants agree that this Action may be certified as a class action for settlement purposes only in accordance with the terms of this Agreement and without prejudice to Defendants’ right to contest class certification in the event that this Agreement fails to reach the Effective Date, or is not fully implemented in accordance with its terms. 3.3 If the Settlement is not approved or this Agreement fails to be fully implemented or the Effective Date is not reached, (i) the Parties and status of the Action will return to the status quo ante existing before the execution of the Settlement, as described further in Paragraph 16.14 and (ii) Defendants reserve all rights to object to any subsequent motion to certify a class in this Action or any other lawsuit, and no representation or concession made in connection with the Settlement or this Agreement shall be considered law of the case or an admission by Defendants, or to have any kind of preclusive effect against Defendants or to give rise to any form of estoppel or waiver by Defendants in this Action or any other lawsuit or proceeding. 3.4 Defendants expressly deny any and all liability and/or wrongdoing with respect to any and all of the claims alleged in this Action and any similar lawsuits, and Defendants enter
Appears in 1 contract
Sources: Class Action Settlement Agreement
CERTIFICATION OF THE CLASS FOR SETTLEMENT PURPOSES ONLY. 3.1 For purposes of settlement, Plaintiff shall ask the Court to certify the Settlement Class under Federal Rules of Civil Procedure 23(b)(2) and (b)(3).
3.2 The Defendants agree Defendant agrees that this Action may be certified as a class action for settlement purposes only in accordance with the terms of this Agreement and without prejudice to Defendants’ Defendant’s right to contest class certification in the event that this Agreement fails to reach the Effective Date, or is not fully implemented in accordance with its terms.
3.3 If the Settlement is not approved or this Agreement fails to be fully implemented or the Effective Date is not reached, (i) the Parties and status of the Action will return to the status quo ante existing before the execution of the Settlement, as described further in Paragraph 16.14 and 16.14, (ii) Defendants reserve no term or condition of the Settlement Agreement, or any draft thereof, or any discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions will have any effect, nor will any such matter be admissible in evidence for any purpose in the Action, or in any other proceeding, (iii) Defendant reserves all rights to object to any subsequent motion to certify a class in this Action or any other lawsuit, and no representation or concession made in connection with the Settlement or this Agreement shall be considered law of the case or an admission by DefendantsDefendant, or to have any kind of preclusive effect against Defendants Defendant or to give rise to any form of estoppel or waiver by Defendants Defendant in this Action or any other lawsuit or proceeding; and (vi) Plaintiff and Class Counsel shall not reference this Settlement Agreement in support of any subsequent motion for class certification of any class in the Action.
3.4 Defendants Defendant expressly deny denies any and all liability and/or wrongdoing with respect to any and all of the claims alleged in this Action and any similar lawsuits, and Defendants enterDefendant enters into this Settlement solely to compromise and resolve disputed claims. Accordingly, Defendant maintains that any references to the alleged business practices of Cintas in this Settlement, this Agreement, Class Notices, or the related Court hearings and processes shall raise no inference respecting the propriety of those business practices or any other business practices of Cintas.
Appears in 1 contract
Sources: Settlement Agreement